MICHAEL S. MCMAHON

BACKGROUND

Mike has significant experience in matters relating to the Clean Air Act, the Resource Conservation and Recovery Act (RCRA), environmental management systems and auditing, environmental compliance counseling and permitting, enforcement actions and environmental aspects of corporate and real estate transactions.

PRACTICE AREAS

BAR ADMISSIONS

Mike is licensed to practice in the State of Ohio, the U. S. District Court, Northern District of Ohio, the U.S. District Court, Southern District of Ohio, and the United States Court of Appeals for the Sixth Circuit.

AREAS OF EXPERTISE & FOCUS

Mike counsels clients on matters arising under the Clean Air Act and the Resource Conservation and Recovery Act, with emphasis on compliance measures and negotiation of penalties proposed by U.S. EPA and/or state environmental agencies in judicial and administrative enforcement actions. Compliance measures often involve audit programs and corporate governance systems designed to demonstrate compliance with applicable regulations.

  • Clean Air Act
  • Resource Conservation and Recovery Act
  • Environmental Management Systems and Auditing
  • Environmental Compliance Counseling and Permitting
  • Enforcement actions-transportation of hazardous materials
  • Environmental aspects of corporate and real estate transactions
  • Complex air work and indemnity negotiation with predecessor operator at manufacturing facility in Ohio
  • Negotiating Title V permits for facilities involved in coatings, batch processing, continuous processing and chemical manufacturing
  • Defending facilities involved in air permit enforcement actions brought by US EPA/Ohio EPA
  • Advising facilities confronting RACT/BACT/LEAR requirements

Professional Involvement

  • Served as Chair of the Environmental Law Section of the Cleveland Bar Association
  • Member of the Ohio State Bar Association, Environmental Law Committee (Co-Chair Environmental Law Institute-1995) (Chaired the Ohio State Bar Association Environmental Law Committee annual seminar)
  • Cleveland Metropolitan Bar Association, Environmental Law Section (Section Chair 1994-1995)(Chair of Continuing Legal Education Committee 1995).

PUBLICATIONS & PRESENTATIONS

  • “The Last Professionalism CLE You May Ever Take,” 29th Annual Ohio Environment, Energy and Resources Law Seminar, March 13, 2014
  • “Environmentally-Friendly Development, Design and Construction and the Risks Therein: A Legal Perspective,” 2012 Cincinnati Green Homes Summit, September 14, 2012
  • “Legal Exposure with Fracking Operations,” 2012 Ohio Rural Water Association Annual Management Conference & Exposition, May 23, 2012
  • “Green Building Liabilities,” Cleveland Engineering Society, February 23, 2011
  • “Environmental Risk Update: What’s Coming But Not Here Yet,” Risk and Insurance Management Society, November 2009
  • “Environmentally Friendly Development, Design and Construction and the Risks Therein,” Half Moon Seminars, July 2009
  • “Corporate Infrastructure Requirements: Risk, Liability and Transparency,” The Conference Board, January 2009
  • “Sustainable Risk Management,” Northeast Ohio Association of Corporate Counsel, January 2008
  • “Impact of Climate Change on Environmental Management Systems,” presented to the Northern Ohio Chapter of Air & Waste Management Association, October 2006
  • “Basic Environmental Statutes in a Nutshell”
  • “Things Not to Say to an Inspector”

PUBLICATIONS

  • Co-Author (with Greg DeGulis) of “Old Fashioned Partnership—Cutting-Edge Law,” Founding A Law Firm (2008 Thomson/Aspatore)
  • Co-Author (with James Friedman) of “The Silent Alliance,” (Regnery Gateway), an analysis of acid rain and electricity import issues
  • Co-Author: “Ohio Adopts a Model Law to Promote Voluntary Cleanup of Contaminated Property,” Journal of Environmental Permitting, Spring 1995.
  • “Does the Sixth Circuit Have a New Standard for Its Review of the EPA’s Use of Air Quality Monitoring?” 18 Toledo Law Review 569.

ACHIEVEMENTS & HONORS

  • Recognized by Chambers USA as a leading practitioner in Environmental Law in Ohio beginning in 2004
  • Nationally recognized in The Best Lawyers in America© for Environmental Law (since 2006) and Environmental Litigation (since 2011)Best Lawyers® Lawyer of the Year for Environmental in the Cleveland area, 2011
  • Recognized as an Ohio Super Lawyer© by Law & Politics magazine from 2004-2014
  • Martindale-Hubbell Rating of AV

EDUCATION

Mike received his BA in History, magna cum laude, from John Carroll University and his JD from Columbia University School of Law.